icon divorce

can my wife backout after signing for mutual consent divorce, just to harass me more ?


A. Dear Client
If your wife has done like this then you are left with one more option to file a contested divorce on the ground of cruelty against her. You can showcase the MCD signed petition to the learned court as a piece of evidence but then you also need to tell the court why she has gone back.

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icon Birth certificate -without a father name

I got divorce now, I need to get the birth certificate for my child (1.10 yrs old) without a father name. (single mom) What is the procedure for that?


A. Dear Client,

As per the facts mentioned, there are no such law for a single mother to get a birth certificate for a child out of wedlock. You may visit the registration office and enquire for the same.

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icon Divorce issue -a case for divorce in court

My friend got married in 2005 and had a kid in 2009 later in 2011 hia wife left him after that he filled a case for divorce in court under cruelty now the case is in high court she was not willing to


A. Dear Client,

As per the facts mentioned, your friend can settle the case by deciding some alimony mutually and get a divorce to start a fresh life.

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icon Birth certificate for single mom

I am a divorcee, I need to get the birth certificate for my child (1.10 yrs old) without a father name. (single mom) What is the procedure for that? I am staying in chengalpattu,chennai,tamil nadu -60


A. Dear Client,

If a single mother applies for a birth certificate for a child who is born from her womb, the authorities can ask her to furnish an affidavit and then, issue a certificate, unless there is a court direction to the contrary.
Section 15 of The Registration of Births and Deaths Act 1969, r/w Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 clearly indicates that the Registrar is well within his powers to carry out any errors that may have crept in the birth cer ...ReadMore

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icon Divorce Case -divorce decree

In my divorce case, I (husband) is petitioner and respondent wife has given in writing to the court that my divorce petition should be allowed and I should be given the divorce decree. What next step


A. Dear Client
If your wife has provided her consent to allow the divorce and there is no objection from her side then you/your lawyer must apprise the court on the same and seek the direction from the court to dissolve the marriage. On an affidavit the same contested can also be converted to MCD.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Vaidehi  Samant

Vaidehi Samant

icon How can we challenge an order/decree passed u/s 13B of Hindu Marriage Act

A mutual divorce was filed with consent, even the decree has been passed in it, now i am worried and dont want to get divorced. is there any way to challenge the order?


A. Dear Client
A decree passed under Section 13 B of HMA or the mutual consent divorce cannot be challenged unless it is proved that the consent was not free but forced and/or there were some misleading or fraudulent situation leading to the filing of the case.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon About divorce

sir, my brother married a lady on june 2020. For that lady the marriage was 2nd marriage.she did not get divorce from the previous life partner and we did not know about it. At the time of marriage we


A. If the woman has not legally divorced her first husband than her marriage with your brother is null and void in the sense the marriage does not exist in the eyes of law so in that case your brother does not need to obtain any divorce from that woman and therefore legally he is free to marry again. But kindly confirm that the woman has actually not obtained divorce from her first husband.
Thank you.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon No Sex from the day of marriage and also we do not talk at our home

We got married 2 years ago and we didn't have sex as my wife told that she has a phobia of sex .She also mentioned that we will have sex after certain period of time .But we never have.this effected o


A. You should take your wife to an experienced and qualified marriage counselor (preferably female in your kind of case) who can help your wife and you with better advice to better your relationship in case you both wish to continue the marriage. If you wish to discontinue the marriage than better talk to each other and file a divorce by mutual consent and move ahead in your respective lives.
Thank you.

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icon Divorce process - MCD and contested divorce.

What is the difference between the MCD and contested divorce. Please suggest easiest and faster process of divorce, we both are agree to go for divorce.


A. MCD- mutual consent divorce where the parties agree that for it and is is faster than the contested one. Contested divorce is one files a divorce petition and other fights it out for not allowing to have the divorce. Obviously the MCD is a faster way than the contested.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Wife not staying since 05 years and also blaming for extra marital affairs

I am Pune based lost my first wife and married to software based issueless Divorcee lady in 2016. She was having her own flat at Pune. in 2018 , I have purchased my own flat . I supported her to conti


A. Dear Client
it seems that your second marriage was just a formality as she has decided not to stay with you and your children. I would suggest that you speak to her and settle for MCD rather than filing a contested divorce case and dissolve this marriage for everybody' peace.

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